Filed
D.C. Superior Court
08/10/2018 19:41PM
Clerk of the Court
IN THE SUPERIOR COURT FOR THE DISTRICT OF COLUMBIA
Civil Division
GENET AMARE
3556 Fort Lincoln Drive, NE
Washington, DC 20018
Plaintiff
v.
DISTRICT OF COLUMBIA GOVERNMENT
1350 Pennsylvania Avenue, NW.
Washington, DC 20004
Serve on:
Muriel Bowser, DC Mayor
1350 Pennsylvania Ave., NW
Washington, DC 20004
Karl Racine, DC Attorney General
441 Fourth Street, NW, Suite 630S
Washington, DC 20001
and
MELINDA BOLLING
1100 4" Street, SW
Washington, DC 20024
Defendants
a
COMPLAINT
Civil Action No.
Jury Trial Demand
Comes now Plaintiff Genet Amare, by and through her attomeys, and files this Complaint
against Defendants, the District of Columbia Government and M
inda BollingJURISDICTION and VENUE
. This Court has jurisdiction over the subject matter of this complaint pursuant to D.
Code
§.11-921
Venue is proper in this court in that the events giving rise to Plaintiff Amare’s claims
occurred here in the District of Columbia and Defendants may be found here.
PARTIES
Plaintiff Amare is an African American female, a citizen of the United States and a resident
of the District of Columbia, She is employed as a FOIA Officer with the District of Columbia
Government, Department of Consumer and Regulatory Affairs (DCRA).
Defendant Melinda Bolling is the Director of the Department of Consumer and Regulatory
Affairs. Defendant Bolling is being sued in her individual capacity. The District of Columbia
Government is a municipal government, All defendants are Plaintiff's employers within the
meaning of the District of Columbia Whistleblower Protection Act.
FACTUAL ALLEGATIONS
Plaintiff Amare, a District of Columbia resident and single mother, began employment with
DCRA as a FOIA Officer in September 2017, after working as a FOIA Specialist for the
District of Columbia Metropolitan Police Department for five years. At DCRA, Plaintiff
Amare worked with Erin Roberts, an African-American female, and reported to the former
DCRA General Counsel, Charles Thomas. Mr, Thomas reported to DCRA Director Melinda
Bolling. At DCRA, Plaintiff Amare's performance exceeded the expectations for her
position6. Shortly after Plaintiff Amare and Ms, Roberts began employment, they were provided
limited training on retrieving information from all relevant databases, and they leamed that
DCRA had a significant FOIA backlog. In planning sessions to address the backlog, Director
Bolling made it known that she was not concerned about strict adherence to the FOIA
deadlines or with any lawsuits or appeals which may be filed as a result of FOIA violations.
She issued a directive to DCRA division managers, who then disseminated the information to
their staff that they were not to aid Plaintiff Amare and Ms, Roberts in the production of
FOIA documents; that FOIA officers were to conduct the search, provide the records to a
program officer, provide an affidavit for the program officer to sign, and then the FOIA,
officers or OGC would compile the information for the requestor. Director Bolling instructed
the FOIA officers to attest to methods followed in responding to FOIA requests, which were
false. Plaintiff Amare was shocked that Ms. Bolling, who is an attomey, a member of the
D.C. Bar, former General Counsel for DCRA, and the Director of the agency would request
that FOIA officers make false attestations, and making such false attestations would be
unethical and could jeopardize the FOIA officers’ bar licenses. The FOIA officers were
concerned that they would be unable to provide the requestor a response because of the
Ageney’s lack of support. As a result of the limited training, the significant backlog, and the
DCRA Director's decision that other DCRA employees would not assist in responding to
FOIA requests, the FOIA officers knew they would be unable to comply with the FOIA
requests.
7. The FOIA Officers sought the assistance of former Director for the Office of Open
Government for the District, Traci Hughes. Ms. Hughes, who is an attorney herself, knew the
implications such actions would have on the officers’ bar licenses. Ms. Hughes wrote an